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HomeMy WebLinkAbout17 STUDY NEWPORT BAY 03-20-06 AGENDA REPORT MEETING DATE: MARCH 20, 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. 099-128 TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) STUDIES IN THE NEWPORT BAY WATERSHED SUMMARY Amendment No.1 to Cooperative Agreement No. 099-128 will result in the addition of 4 new entities: Tustin Legacy Community Partners, Orange County Great Park Corporation, Lennar Homes of California, Inc, and the California Department of Transportation. Agreement No. 099-128 provides for the joint funding of Nutrient, Fecal Coliform, and Toxics studies in the Newport Bay Watershed pursuant to provisions of Section 303(d) of the Clear Water Act and the Municipal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit as adopted by the Santa Ana Regional Water Quality Control Board. RECOMMENDATION It is recommended that the City Council approve Amendment No.1 to Agreement No. 099-128 "Agreement to Fund Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) Studies in the Newport Bay Watershed" and authorize the Mayor and City Clerk to execute the agreement. FISCAL IMPACT The addition of 4 new entities to the Cooperative Agreement results in a cost reduction of 12% that benefits the existing parties to the Cooperative Agreement on a pro rata basis. The City's share, in the amount of $85,070, for Fiscal Year 2005-2006 was budgeted for in the Public Works Department Operating Budget (Account No. 01-401-6010). With the addition of the new parties, the City will receive a credit for Fiscal Year 2006-2007 in the amount of $10,180. BACKGROUND Cooperative Agreement No. 099-128 forms the basis of cooperation for the implementation of the adopted TMDL's within the Newport Bay and San Diego Creek Watershed. The primary purpose of the TMDL's is to control and reduce the amount of fecal coliform, nutrients and toxic contaminants entering Newport Bay. The original Cooperative Agreement was approved at the June 16, 2003 City Council Meeting to provide a long term funding formula to ensure that the costs of compliance with the TMDL's are shared equitably among the parties within the Newport Bay/San Diego Creek Watershed. The adopted TMDL's contain requirements for studies, monitoring and the development of programs to attain TMDL containment reduction targets over a multi-year period. The original parties to the Cooperative Amendment No.1 to Cooperative Agreement No. D99-128 to Fund Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) Studies in the Newport Bay Watershed March 20, 2006 Page 2 Agreement include the County of Orange, the Orange County Flood Control District, the Irvine Ranch Water District, The Irvine Company, the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Laguna Woods, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Santa Ana, and the City of Tustin. Amendment No.1 is necessary to add new entities to the Cooperative Agreement. Pursuant to Amendment No.1, Tustin Legacy Community Partners will contribute a fixed 2.5% share, Orange County Great Park Corporation will contribute a fixed 2.0% share, Lennar Homes of California, Inc. will contribute a fixed 2.5% share, and the California Department of Transportation will contribute a fixed 5.0% share resulting in a net share contribution of 12% by the new entities. The cost share contribution of 12% by the new entities results in the original parties cost sharing only the remaining 88% of the total project budget costs. The original cost share formula established in the Cooperative Agreement will apply for the remaining 88% of the total project budget costs. Pursuant to Amendment No.1, the revised cost share contributions that include the new parties will be retroactive to the beginning of the 2005-2006 Fiscal Year. As a result of the revised share allocation, the City will receive a credit for Fiscal Year 2006-2007 in the amount of $10,180. The revised share allocation will remain in effect until termination of the Agreement on June 30, 2008. Compliance with the requirement of the TMDL's necessitates a watershed wide approach to achieve significant results that could not be efficiently produced by each party acting alone. It is recommended that the City Council approve Amendment No.1 to Agreement No. D99-128 "Agreement to Fund Nutrient, Fecal Coliform and Toxic Total Maximum Daily Load (TMDL) Studies in the Newport Bay Watershed." Tim D. Serlet . Director of Public Works/City Engineer Dana R. Kasdan ' Engineering Services Manager Coop Agmt 099-128 Amendment No.1 to fund TMOLdoc Amendment No.1 to Agreement No. D99-128 2 AMENDMENT NO.1 AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) STUDIES IN THE NEWPORT BAY WATERSHED 3 THIS AMENDMENT, for purposes of identification numbered Amendment No.1 to 4 Agreement No. 099-128, is made and entered into this day of -' 2006 5 ("AMENDMENT"), by and between the County of Orange ("COUNTY"), the Orange County Flood 6 Control District ("DISTRICT"), the City of Costa Mesa ("COSTA MESA"), the City of 7 Irvine ("IRVINE"), the City of Laguna Hills ("LAGUNA HILLS"), the City of Laguna Woods 8 ("LAGUNA WOODS"), the City of Lake Forest ("LAKE FOREST"), the City of Newport Beach ("NEWPORT BEACH"), the City of Orange ("ORANGE"), the City of Santa Ana ("SANTA ANA"), 9 the City of Tustin ("TUSTIN"), the Irvine Ranch Water District ("IRWD") , The Irvine 10 Company ("TIC"), the California Department of Transportation ("CALTRANS") , Tustin 11 Legacy Community Partners ("TLCP") , Lennar Homes of California, Inc. ("LENNAR") , and 12 Orange County Great Park Corporation ("GPC"). The seventeen entities are hereinafter 13 sometimes jointly referred to as the "PARTIES" and individually as "PARTY". The cities 14 are hereinafter sometimes jointly referred to as the "CITIES". Thirteen entities (all 15 entities except for CALTRANS, TLCP, LENNAR, and GPC) are sometimes jointly referred to 16 as the "ORIGINAL PARTIES." WITNESSETH 17 WHEREAS, the ORIGINAL PARTIES entered into Agreement No. 099-128 on 18 September 18, 2003, referred to hereinafter as "AGREEMENT", to provide funding for the 19 Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) studies in the 20 Newport Bay Watershed; and, 21 WHEREAS, according to Section 6 of the AGREEMENT, the AGREEMENT may be 22 amended in writing only with the unanimous written approval of the ORIGINAL PARTIES; 23 and, 24 WHEREAS, the ORIGINAL PARTIES agree to amend the AGREEMENT to add 25 CALTRANS, TLCP, LENNAR and GPC as PARTIES to the AGREEMENT; and, WHEREAS, the PARTIES have reached agreement on a new funding formula, 26 which states that (1) CALTRANS will contribute a fixed five percent (5.0%) of the Amendment No.1 to Agreement No.D99-128 total budget cost, (2) TLCP will contribute a fixed two and one half percent (2.5%) of 2 the total budget cost, (3) LENNAR will contribute a fixed two and one half percent 3 (2.5%) of the total budget cost, (4) GPC will contribute a fixed two percent (2.0%) of 4 the total budget cost, and (5) the ORIGINAL PARTIES will cost-share eighty eight percent (88%) of the total budget costs; 5 WHEREAS, the ORIGINAL PARTIES will further cost-share their 88% allocation 6 based upon the original cost-share formula in the AGREEMENT, such that (1) the COUNTY, 7 DISTRICT and CITIES contributions are based on the watershed land area and population 8 applied to the formula in the Amendment and Reinstatement of the National Pollutant 9 Discharge Elimination System Stormwater Implementation Agreement dated June 25, 2002, 10 and (2) TIC and IRWD contributions are based on a fixed twelve and one-half percent 11 (12.5%) each. 12 NOW, THEREFORE, in consideration of the foregoing, it is agreed by and between the PARTIES hereto that the AGREEMENT shall be amended as follows: 13 Section 1. Each and all of the provisions of the AGREEMENT remains in 14 full force and effect, except that Section 3, Section 4, Section 5, Section 10 and 15 Section 16 and Exhibit A and Exhibit C are amended in their entirety, as follows: 16 Section 2. Section 3 of the AGREEMENT, entitled "FUNDING," shall be 17 amended to read in full as follows: Exhibit A, which is attached to this AMENDMENT 18 and by this reference is made a part hereof, presents the cost-share allocations for 19 the PARTIES. As stated in Exhibit A (Table A-I), for the duration of the AGREEMENT as 20 amended, the ORIGINAL PARTIES shall provide eighty-eight percent (88%) of the total 21 budget costs, CALTRANS shall provide five percent (5.0%) of the total budget costs, TLCP shall provide two and one half percent (2.5%) of the total budget costs, LENNAR 22 shall provide two and one half percent (2.5%) of the total budget costs, and Orange 23 County Great Park Corporation shall provide two percent (2.0%) of the total budget 24 costs. As shown in Exhibit A (Table A-2), the ORIGINAL PARTIES' eighty eight percent 25 (88%) share of the total budget costs (hereafter "ORIGINAL COST ALLOCATION") shall be 26 cost-shared between an urban allocation and an open space allocation. The urban allocation shall remain at seventy five percent (75%) of the ORIGINAL COST ALLOCATION 2 Amendment No.1 to Agreement No.D99-l28 and the respective shares of IRWD and TIC shall remain at twelve and one half percent 2 (12.5%) of the ORIGINAL COST ALLOCATION for the duration of this AGREEMENT as amended 3 herein. The individual cost shares for the COUNTY, DISTRICT and CITIES will be 4 revised once every year pursuant to the formula provided in Exhibit B to the AGREEMENT, which is attached to the AGREEMENT and made a part hereof, based on changes 5 in watershed land area and population. The individual cost shares for the COUNTY, 6 DISTRICT and CITIES shall be calculated by the COUNTY Resources and Development 7 Management Department, Environmental Resources Section from population, land area and 8 watershed area data. These calculations shall be completed by January 1 of each year 9 and shall be included in the annual budget proposal. 10 Section 3. Section 4 of the AGREEMENT, entitled "PROGRAM BUDGETS AND 11 COSTS" shall be amended to read in full as follows: The COUNTY shall submit a scope 12 of work and a budget for the following fiscal year to each of the PARTIES by February 15 of each year. The budget shall contain an explanation of any recommended program 13 changes, an estimate of all planned expenditures and an estimate of the payment 14 For the State of California required from each PARTY for the following fiscal year. 15 budgeting requirements, CALTRANS' contribution shall not exceed $150,000 or five 16 percent (5.0%) of the total budget costs, whichever is less, for each fiscal year 17 during the term of the AGREEMENT. If CALTRANS contribution would be greater than 18 $150,000 for a given fiscal year, the amount over $150,000 ("EXCESS AMOUNT") shall be 19 cost-shared as described in Section 2 of this Amendment, with the exception that for 20 such EXCESS AMOUNT, the ORIGINAL COST ALLOCATION shall be ninety-three percent (93%) 21 and CALTRANS contribution shall be zero percent (0%). The PARTIES shall be permitted to review and approve the program scope of work 22 and budget for the forthcoming year. Criteria for approval shall be affirmative 23 written responses from all of the PARTIES. The COUNTY and DISTRICT will constitute 24 one approving PARTY. 25 The tasks and expenditures for each fiscal year will be presented and calculated 26 as shown in Exhibit C, which is attached hereto and made a part hereof. All tasks and expenditures will be updated each fiscal year as part of the budget approval process. 3 Amendment No.1 to Agreement No. 099-128 Therefore, Exhibit C as attached is a form to be completed every year. The COUNTY 2 shall be entitled to charge to the program all costs for direct labor, materials, 3 equipment and outside contract services for costs associated with carrying out the 4 approved scope of work. Recoverable costs will also include an overhead charge calculated by the County Auditor-Controller which includes Resources and Development 5 Management Department overhead and County-wide cost allocation plan. 6 Section 4. Section 5 of the AGREEMENT, entitled "PAYMENTS" shall be 7 amended to read in full as follows: Within 15 calendar days of the effective date of 8 this AMENDMENT, the COUNTY shall send the PARTIES an invoice for a deposit which 9 constitutes their share of the total first year costs identified in Exhibit C (Table 10 C-1) . Each of the PARTIES shall pay the deposit within 45 calendar days of their 11 respecti ve receipt of the invoice. 12 The COUNTY shall notify each of the PARTIES if it appears that costs may exceed 13 the budget approved by the PARTIES in any fiscal year. The COUNTY shall prepare a fiscal year end accounting within 60 calendar days of the end of the fiscal year. If 14 the fiscal year end accounting results in costs (net of interest earnings) exceeding 15 the sum of the deposits, and the COUNTY has notified the PARTIES of potential cost 16 overruns, the COUNTY shall seek approval of the excess cost from the PARTIES in the 17 form of a revised budget and, upon approval, shall invoice each PARTY for its prorated 18 share of the excess cost up to the amount of the revised approved budget. Each PARTY 19 shall pay the billing within 45 calendar days of the date of the invoice. If the 20 fiscal year end accounting results in the sum of the deposi"ts exceeding costs (net of 21 interest earnings), the excess deposits will carry forward to reduce the billings for the following year. The fiscal year end accounting results and associated invoices 22 for each PARTY will take into consideration any outside funding provided for programs 23 in the approved budget from entities not party to this AMENDMENT in the manner 24 presented in Exhibit C (Table C-2). 25 After the initial billing for the program, the COUNTY shall invoice each PARTY 26 for its annual deposit at the beginning (July 1) of each fiscal year. Each PARTY shall pay the deposit within 45 calendar days of the date of the invoice. 4 Each Amendment No.1 to Agreement No.D99-128 PARTY'S deposit shall be based on its prorated share of the approved annual budget, 2 reduced by the sum of (a) its prorated share of any surplus identified in the prior 3 fiscal year end accounting, and (b) its prorated share of any funding provided for 4 programs in the approved budget from entities not party to this AMENDMENT. Interest earned on the PARTIES' deposits will not be paid to the PARTIES, but 5 will be credited against the PARTIES' share of the program costs. 6 Upon termination of the program, a final accounting shall be performed by the 7 COUNTY. If costs remaining after the deduction of interest costs exceed the sum of 8 the deposits, the COUNTY shall invoice each PARTY for its prorated share of the 9 deficit . Each PARTY shall pay the invoice within 45 calendar days of the date of the 10 invoice. If the sum of the deposits, including interest, exceeds the costs, the 11 COUNTY shall reimburse to each PARTY its prorated share of the excess, within 45 12 calendar days of the final accounting. Section 5. Section 10 of the AGREEMENT, entitled "NO THIRD PARTY 13 BENEFICIARIES", is amended to read in full as follows: Nothing expressed or mentioned 14 in this AGREEMENT is intended or shall be construed to give any person, other than the 15 PARTIES hereto and any entity in which a PARTY has a legal interest (such as, but not 16 limited to, a limited liability membership interest or a partnership interest), and 17 any permitted successors or assigns of a PARTY, any legal or equitable right, remedy 18 or claim under or in respect of this AGREEMENT or any provisions herein contained. 19 This AGREEMENT and any conditions and provisions hereof is intended to be and is for 20 the sole and exclusive benefit of the PARTIES and the entities in which they have a 21 legal interest and their successors or assigns and for the benefit of no other person, agency or entity. 22 Section 6. Section 16 of the AGREEMENT, entitled "NOTICES", shall be 23 amended to read in full as follow: All notices required or desired to be given under 24 this AGREEMENT as amended shall be in writing and (a) delivered personally, or (b) 25 sent by certified mail, return receipt requested or (c) sent by telefacsimile 26 communication followed by a mailed copy, to the addresses specified below, provided 5 Amendment No.1 to Agreement No. 099-128 each PARTY may change the address for notices by giving the other PARTIES at least ten 2 (10) days written notice of the new address. Notices shall be deemed received when 3 actually received in the office of the addressee or when deli very is refused, as shown 4 on the receipt of the U.S. Postal service, or other person making the delivery, except 5 that notices sent by telefacsimile communication shall be deemed received on the first 6 business day following transmission. 7 Director of Public Services City of Costa Mesa P.O. Box 1200 Costa Mesa, CA 92628-1200 Facsimile: (714) 754-5028 8 9 10 Director of Public Works City of Irvine P.O. Box 19578 Irvine, CA 92623-9578 Facsimile: (949) 724-6440 11 12 13 Director of Public Services City of Laguna Hills 24035 El Toro Road Laguna Hills, CA 92653 Facsimile: (949) 707-2633 14 15 Director of Community Development City of Laguna Woods 24264 El Toro Road Laguna Woods CA 92637 Facsimile: (949) 639-0591 16 17 18 Director of Public Works Ci ty of Lake Forest 25550 Commercentre Dr. Ste 100 Lake Forest, CA 92630 Facsimile: (949) 461-3511 19 20 21 Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Facsimile: (949) 718-1840 22 23 Director of Public Works City of Orange 300 E. Chapman Ave Orange, CA 92866 Facsimile: (714) 532-6444 24 25 26 Director of Public Works City of Santa Ana 101 W. 4'" St. 6 Amendment No.1 to Agreement No.D99-128 Santa Ana, CA 92701 Facsimile: (714) 647-5635 2 Director of Public Works City of Tustin 300 Centennial Way Tustin, CA 92780 Facsimile: (714) 734-8991 3 4 5 Director, RDMD County of Orange 300 N. Flower Street Santa Ana, CA 92702-4048 Facsimile: (714) 834-2395 6 7 8 Director, Water Quality Irvine Ranch Water District 3512 Michelson Dr Irvine, CA 92712 Facsimile: (949) 453-1228 9 10 Vice President of Environmental The Irvine Company 550 Newport Center Newport Beach, CA 92658-8904 Facsimile: (949) 720-2448 Affairs 11 12 13 Office Chief, Environmental Planning California Department of Transportation 3337 Michelson Dr. Ste 380 Irvine, CA 92612-8894 Facsimile: (949) 724-2519 14 15 16 David B. Placek Tustin Legacy Community Partners Senior proj ect Manager 250 Commerce, Suite 100 Irvine, CA 92602 Facsimile: (949) 453-8994 17 18 19 Lennar Homes of California Jim Werkmeister 7030 Trabuco Road, Building 83 Irvine, California 92618 Facsimile: (949) 551-1186 20 21 22 Glen Worthington, Manager of Planning Orange County Great Park Corporation P.O. Box 19575 Irvine, CA 92623-9575 Facsimile: (949) 724-7407 23 24 25 IN WITNESS WHEREOF, the PARTIES hereto have executed this AMENDMENT the day and year first above written: 26 7 Amendment No.1 to Agreement No.D99-128 2 COUNTY OF ORANGE, a political subdivision of the State of California 3 Date: By: Chairman of the Board of Supervisors ORANGE COUNTY FLOOD CONTROL DISTRICT a body corporate and politic 4 5 6 By: Chairman of the Board of Supervisors 7 8 APPROVED AS TO FORM: COUNTY COUNSEL 9 10 By: Geoffrey K. Hunt, Deputy 11 12 Date: 13 14 SIGNED AND CERTIFIED THAT A COpy OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD 15 16 17 By: DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California 18 19 20 Date: 21 22 23 24 25 26 8 2 3 Date: 4 5 APPROVED AS TO FORM: 6 7 ATTEST: 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 CITY OF COSTA MESA By: Mayor City Attorney of Costa Mesa 9 2 3 Date: 4 5 APPROVED AS TO FORM: 6 7 ATTEST: 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 CITY OF IRVINE By: Mayor City Attorney of Irvine 10 2 3 Date: 4 5 APPROVED AS TO FORM: 6 7 ATTEST: 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 CITY OF LAGUNA HILLS By: Mayor City Attorney of Laguna Hills 11 2 3 Date: 4 5 APPROVED AS TO FORM: 6 7 ATTEST: 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 CITY OF LAGUNA WOODS By: Mayor City Attorney of Laguna Woods 12 2 3 Date: 4 5 APPROVED AS TO FORM: 6 7 ATTEST: 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 CITY OF LAKE FOREST By: Mayor City Attorney of Lake Forest 13 2 3 Date: 4 5 APPROVED AS TO FORM: 6 7 ATTEST: 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 CITY OF NEWPORT BEACH By: Mayor City Attorney of Newport Beach 14 2 3 Date: 4 5 APPROVED AS TO FORM: 6 7 ATTEST: 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 CITY OF ORANGE By: Mayor City Attorney of Orange 15 2 3 Date: 4 5 APPROVED AS TO FORM: 6 7 ATTEST: 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 CITY OF SANTA ANA By: Mayor City Attorney of Santa Ana 16 2 3 Date: 4 5 APPROVED AS TO FORM: 6 7 ATTEST: 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY OF TUSTIN By: Mayor Amendment No.1 to Agreement No.D99-128 City Attorney of Tustin 17 2 3 Date: 4 5 6 Date: l' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 THE IRVINE RANCH WATER DISTRICT By: By: Name: Title: Name: Title: 18 2 Date: 3 4 5 Date: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 TIlE IRVINE COMPANY By: By: Name: Title: Name: Title: 19 2 3 Date: 4 5 6 Date: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 CALIFORNIA DEPARTMENT OF TRANSPORTATION By: By: Name: Title: Name: Title: 20 2 3 Date: 4 5 6 Date: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No. 099-128 TUSTIN LEGACY COMMUNITY PARTNERS, LLC a Delaware limited liability company By: By: Susan Lindquist Director of Community Development Name: Title: 21 2 3 Date: 4 5 6 Date: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No. 099-128 Lennar Homes of California, a Developer Member of Heritage Fields Limited Liability Company By: By: Name: Title: Name: Title: 22 2 3 Date: 4 5 6 Date: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Amendment No.1 to Agreement No.D99-128 GREAT PARK CORPORATION, a California non-profit organization By: By: Name: Title: Name: Title: 23 EXHIBIT A COST-SHARE FOR PROGRAM PARTICIPANTS TABLE A-1: AGREEMENT 099-128 COST-SHARE FORMULA '88% is further cost-shared as shown in Table A-2 TABLE A-2: COST-SHARE FORMULA FOR ORIGINAL PARTIES (88% FROM TABLE A-1) Urban 75%' Costa Mesa Irvine laguna Hills La9una Woods lake Forest Newport Beach Orange Santa Ana Tustin County of Orange O.C. Fiood Controi District The irvine Company Irvine Ranch Water District Open Space/Undefined Areas Open Space/Undefined Areas 12.5%' 12.5%' , Includes all incorporated cities in the Newport Bay watershed and the County of Orange and Orange County Flood Control District. The percentage breakdown for each Is based on the existing NPDES funding formula which is based on a weighted percentage of population and land area. , Includes all sources that do not fall in other categories such as sewage spills, atmospheric deposition. rising groundwater, etc. EXHIBIT C Nutrient I Newport Bay Nutrient TMDL Dissolved Oxygen and Algae Distribution Studyl ProP. 13 Grant Matching Funds $ Nutrient I Nutrient Monitoring and Data Collection (TMDL Implementation Plan Section 2.c.1 Regional Nutrient Monitoring Program TIiIM!!Ii.' Toxics I Regional MonIToring p, ram Toxics I Selenium Source Stud Fecal I Fecal Colirorm TMDL 2003-2004 Data Analysis (TMDL Implementation Plan Collrorm Section 3.aji.a Prop. 13 Fecal Colirorm Stud Fecal Colirorm I Shellfish Harvesting Benefic;al Use Additional Studies :mMIIlli:Tml EXHIBIT C NSMP Budget Calculation NSMP Program Budget FY 2005-06 Retroactive Payments (New Participants)* Cost Net NSMP Budqet FY 2005-06 $ ~ $ Contributions By Funding Agreement % of NSMP Cost Agreement D99-128 Cost-Share ** Outside Funding *** 99.0% 1.0% $ $ Total NSMP Contributions $ * = New Participants in the NSMP are required to fund all program activities, retroactive to FY 2005-06 ** = Budget amountfor NSMP in Table C-1. *** = Golden State Water Company (1%), Nexus (TBD%), and any future funding partners (if applicable)